AJ Nel has been practiging in the employment law sphere for the past 16 years.

  1. O. Podewiltz says:

    Is an employer required to pay remuneration to an employee for the period between when stay of execution is granted by a court pending appeal until the date the appeal is dismissed where the arbitration award stayed ordered reinstatement from date of dismissal to date of award and the award is stayed subsequently?

    • AJ Nel says:

      I presume the award ordered reinstatement as from date of dismissal (not until date of award) and that South African Labour Law is applicable

      As such and where the award is ultimately upheld (i.e. the review and possible further appeals are dismissed), the employer is required to effect payment to the employee of all monies the employee would have earned as from the date of dismissal and without any interruptions. The stay of the writ is thus interim relief which falls away the moment the review is dismissed and has no impact on the payment due.

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